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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`PFIZER INC.,1
`Petitioner,
`
`v.
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`NOVO NORDISK A/S,
`Patent Owner.
`________________
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`IPR2020-003242
`
`Patent 8,114,833 B2
`__________________
`
`PATENT OWNER AND PETITIONER PFIZER INC.’S JOINT REQUEST
`TO TREAT SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317
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`1 The proceeding has been terminated as to the original petitioner, Mylan
`Institutional LLC. Paper 67.
`2 IPR2020-01252 has been joined with this proceeding.
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`
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Pfizer Inc.
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`(“Pfizer”) and Patent Owner Novo Nordisk A/S (“Novo Nordisk”) jointly request
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`that a true copy of their Settlement Agreement, filed concurrently as Exhibit 2102,
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`be treated as business confidential information, and be kept separate from the file of
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`IPR2020-00324 involving U.S. Patent No. 8,114,833. Concurrently with this
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`Request, Pfizer and Novo Nordisk are filing a Joint Motion to Terminate due to the
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`settlement between Pfizer and Novo Nordisk.
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`Specifically, as the parties consider the Settlement Agreement to contain
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`highly sensitive business confidential information that would substantially harm
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`their business interests if publicly disclosed, Pfizer and Novo Nordisk hereby jointly
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`request that the Settlement Agreement be kept as a separate paper to be made
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`available only as provided in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The
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`Settlement Agreement has been filed for access by the “Board Only.”3 Pfizer and
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`Novo Nordisk request that the Settlement Agreement remain accessible only to the
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`Board, and not be made available to other parties to this proceeding. Pfizer and
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`Novo Nordisk further jointly request that the Board order that in the event a person
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`or entity makes a written request, as stated in 37 C.F.R. §42.74(c)(1)-(2), for access
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`3 Petitioner Mylan Institutional LLC is not a party to the Settlement Agreement.
`Petitioner Mylan Institutional LLC has not been provided a copy of the Settlement
`Agreement.
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`1
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`to the Settlement Agreement, that any such written request be served upon Pfizer
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`and Novo Nordisk on the day the written request is provided to the Board.
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`Dated: June 18, 2021
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`
`/Jeffrey J. Oelke/
`
`Jeffrey J. Oelke (Reg. No. 37,409)
`joelke@fenwick.com
`Ryan P. Johnson
`ryan.johnson@fenwick.com
`Laura T. Moran
`laura.moran@fenwick.com
`Fenwick & West LLP
`902 Broadway, Suite 14
`New York, NY 10010
`Telephone: (212) 430-2600
`
`
`Attorneys for Novo Nordisk A/S
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`
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`
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`
` /Michael W. Johnson/
`
`Thomas J. Meloro (Reg. No. 33,538)
`Michael W. Johnson (Reg. No. 63,731)
`Willkie Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`Telephone: (212) 728-8428
`Fax: (212) 728-8111
`tmeloro@willkie.com
`mjohnson1@willkie.com
`amoore@willkie.com
`mao-ny@willkie.com
`
`Attorneys for Pfizer Inc.
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`
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`2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on June 18, 2021, the
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`foregoing document is being served by filing this document through the Patent Trial
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`and Appeal Board End to End System, as well as delivering a copy via electronic
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`mail upon the following attorneys of record for the Petitioner:
`
`
`Thomas J. Meloro (Reg. No. 33,538)
`Michael W. Johnson (Reg. No. 63,731)
`Willkie Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`Telephone: (212) 728-8428
`Fax: (212) 728-8111
`tmeloro@willkie.com
`mjohnson1@willkie.com
`amoore@willkie.com
`mao-ny@willkie.com
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`
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`Date: June 18, 2021
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`Respectfully submitted,
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`
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`/Jeffrey J. Oelke/
`Jeffrey J. Oelke (Reg. No. 37,409)
`Lead Counsel
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`3
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